Oct 31, 2014

Domestic Violence Restraining Order – With Children

Listed below are the forms you will need to fill out and file with the Clerk's Office to get a Domestic Violence Temporary Restraining Order.

List of Forms (*fillable online)

Application Process:

There is no fee for filing an Application and Declaration for Order Prohibiting Domestic Violence.

Notice

Clerks of the Court are prohibited from giving legal advice or assistance in court proceedings (California Government Code 24004 and 68082). If you need legal advice, please talk to an attorney. You may call an Attorney Referral Service or one of the following agencies may be able to help you:

>List Of Community Resources

 

YWCA Domestic Violence and Sexual Assault Services Program
Crisis: (707) 546-1234 Business: (707) 546-7115
e-mail ywcaofsonomacounty@yahoo.com

Legal Aid
(707) 542-1290

Legal Services Foundation
(707) 546-2924

If a temporary or permanent restraining order is granted, the information contained on the restraining order will be entered into the California Law Enforcement Telecommunications Systems (CLETS) the same date the order is granted if the necessary information is provided on the forms. Be sure to complete the identifying information sections on the restraining orders to ensure prompt entry into CLETS.

Included in this packet are the forms you will need to fill out and file with the Clerk"s Office to get a Temporary Restraining Order. Hand printed forms using either blue or black ink will be accepted for filing as long as they are legible.

TRO Review: TRO applications are reviewed by a judge every court business day. Your forms must be completed and dropped off at the Clerk"s Office, Family Law Division, Room 108J by 8:25 AM in order for the judge to review your paperwork the same day. Your paperwork will be ready for you to pick up between 3:00 PM and 4:00 p.m. - Please note, the Clerk"s Office closes at 4:00 PM Monday Tuesday Wednesday and Friday. The Clerks Office closes at 6:00 PM on Thursdays only.

You will not be meeting with the judge at this time. The judge with either Grant or Deny your Application for a Restraining Order based on the information you have provided in your documents.

-OR-

You may drop your paperwork off at your convenience between 8:30 AM and 3:00 PM; however, it will not be reviewed by a judge until the following court business day.

CLETS: If your application for a TRO is granted, the Order granting the TRO as well as the terms and conditions will be entered into the California Law Enforcement Telecommunications System (CLETS) on the same date the order is granted. This information is available to all law enforcement personnel in the state of California.

Forms Needed to Obtain a Temporary Restraining Order

To request an Order to Show Cause (OSC) and Temporary Restraining Order, the following three (3) forms must be completed and given to the Clerk for review:

1. Application and Declaration for Order

You will need to tell the court the dates, times, places and details of the most recent incident(s) of abuse. If you do not remember the exact dates and times, give your best estimate. Include any injuries you suffered and whether or not law enforcement was called. Make sure you sign and date your application.

2. Order to Show Cause and Temporary Restraining Order

This is the form the judge will sign if your request for a TRO is granted. You will be assigned a court hearing date which is normally within three weeks. It is important that you complete all of the information next to item #4, especially the Name, Sex, Race, and Date of Birth or Age. If you do not know the date of birth of the person to be restrained, please your best estimate of their age. This information is necessary to ensure entry into the CLETS System. (California Law Enforcement Telecommunications System). If a temporary or permanent restraining order is granted, the information contained on the restraining order will be entered into CLETS within one business day.

3. Declaration Re Notice Upon Ex Parte Application for Orders

This form is required. If you did not tell the person you are seeking the restraining order against that you planned do so, you must explain why on this form. If you fear for your safety and/or the safety of your children, or you do not know the whereabouts of the other party, please write that information on Line #5.

Restraining Order After Hearing (CLETS)

It is recommended, if time allows, that you complete this form and present it to the clerk with the rest of your paperwork. It will be placed in your file and completed at the court hearing. This is the form which the judge will sign if your request for a permanent (up to 3 year) order is granted at the court hearing. Copies will be provided to you in court.

Serving the Temporary Restraining Order and Sheriff"s Office Fee for Service:

Once the judge has signed the TRO, you must make sure the person to be restrained is served with the TRO. (This means a copy must be provided to the person to be restrained. You may not do this yourself, however, any person over the age of 18 who is not a party to the action, may serve the person to be restrained).

If you choose to have the Sheriff"s Department serve the TRO, you will be charged a fee of $30.00 by the Sheriff"s Department. You may qualify to have the fee waived. Please read the ÒInformation Sheet on Waiver of Court Fees and CostsÓ included in this packet. If you qualify for a fee waiver, please complete the following forms and give them to the clerk with the rest of your paperwork at the time you first submit your forms:

Application for Waiver of Court Fees and Costs
Order on Application for Waiver of Court Fees and Costs

Temporary Restraining Order (TRO) Process

The following is a step by step guideline to help you better understand the process of obtaining a Temporary Restraining Order (TRO), as well as a permanent (up to three year) order.

A Temporary Restraining Order is good until your court hearing date. At the court hearing, the judge may issue a permanent (up to three year) order. The judge is the only person who can grant a Temporary Restraining Order. However, if you call the police, they are able to call the judge 24 hours per day and in an emergency, the judge can issue an Emergency Protective Order (EPO). The EPO is good for 5 court (business) days.

Step #1

Pick up the TRO packet of forms from the Forms Division, Room 108J, or download the forms listed at the top of this page.

Step #2

Fill out the forms (The staff at the TRO Clinic will help you with this)

Step #3

Take the completed forms to the Hall of Justice, Family Law Division, Room 108-J 8:25 a.m., Monday through Friday for the same day review.

You may leave your forms with the staff in the Clerk"s Office between 8:30 a.m. and 4:00 p.m. for the following court day review.

Step #4

Judge reviews forms between 8:30 a.m. and 10:00 a.m.

The Judge will sign the TRO if appropriate and assign a court date, courtroom, mediation date, and pre-mediation orientation date if child custody and/or visitation orders are sought.

Step #5

Pick up the copies of the signed TRO in Room 108-J between 2:00 PM and 3:00 PM on the same day of the review. If you are not able to pick up your forms during that time, you may do so during normal business courts (8:00 AM-3:00 PM) Monday through Friday.

Step #6

The TRO information provided will be entered into the CLETS System. Make sure you have filled in the information about the person to be restrained: Name, Sex, Race, Date of Birth or Age

Step #7

Make arrangements to have a copy of the signed TRO served (given to) the party to be restrained. Take a copy to each of the law enforcement agencies you have named. Make sure everyone who needs to know, has a copy of this order. The Sheriff can serve the person to be restrained for you, or anyone over the age of 18 and not named on the TRO forms can serve. The person serving the TRO must complete a Proof of Service and return it to you. You must file it with the Clerk"s Office in Room 108-J. Keep copies of the Proof of Service with the TRO. If you have the Sheriff"s Department serve the TRO, they will forward a copy of the Proof of Service to the Court.

Step #8
COURT HEARING - VERY IMPORTANT

Come to court on the day and at the time the judge indicates on the signed TRO for a hearing before the Judge. You will ask for a 3 year order at this hearing. Keep a copy of the signed Restraining Order After Hearing with you at all times for your protection.

Note:
If your TRO is not served before the court hearing date, you may still come to court to obtain a ÔReissuance" of the TRO and a new court hearing date. The Reissuance must be served on the person to be restrained, along with the OSC/TRO, Application and Declaration for Order, and Declaration Re Notice Upon Ex Parte Applications for Orders.

© 2014 Superior Court of Sonoma County